UKGI00049044
UKGI00049044
The Remediation Committee (RC) is a Committee of the Company Board (“the Board”) from
which it derives its authority and to which it reports at each scheduled meeting. Its authority
is always subject to the powers and duties of the Board, as set out in the Articles of Association.
A. PURPOSE
1. I The purpose of the RC is to:
i) Oversee the administration of the Horizon Shortfall Scheme (HSS); consider the
principles that underpin how HSS claims are assessed for the consideration of
the HSS Independent Advisory Panel (IAP); oversee and consider as required
claim outcomes recommended by the IAP (including those recommending offers
of financial compensation); recommend to the Board decisions on precedent
setting matters; and consider any other matters escalated to the RC for decision;
ii) Oversee the administration of the Stamps Scheme;
iii) Decide, in accordance with decision making tools approved by the Board, the
Company’s stance on appeals to the Court of Appeal (Criminal Division),
Scottish Court of Appeal and Crown Court of convictions where Post Office
acted as prosecutor;
iv) Oversee the efforts made by Post Office to contact potential appellants to
encourage them to apply to overturn their convictions, including where they
were convicted by prosecutors other than Post Office;
v) Oversee the management of claims for compensation made by those who have
had their convictions overturned/exonerated; consider policies, parameters, and
principles that underpin how claims are assessed; recommend to the Board
decisions on precedent setting matters; and consider any matters escalated to
the RC for decision;
vi) Oversee the administration of providing financial compensation to Postmasters
deemed to have suffered detriment as a result of the review of past and
continuing Post Office business practices following the Post Office Group
Litigation “Common Issues” and “Horizon Issues” judgments!;
vii) Consider recommendations made by, and matters, observations and feedback
arising from, the Post Office Horizon IT (POHIT) Inquiry in respect of matters
relating to compensation and potential future appellants;
viii) Oversee the processes in place for the management of litigation costs across
all workstreams and those sufficient resources are in place to support the
management team and enable effective delivery;
ix) In all matters considered by the Committee, take an approach which is
transparent, promotes fair outcomes for appellants and claimants overall, while
representing Value for Money for taxpayers’ money and safeguarding the
reputation of Post Office Limited; and
x) Address such other matters as may from time to time be delegated to it by the
Board.
B. DUTIES AND RESPONSIBILITIES WITH REGARDS TO THE HORIZON SHORTFALL
SCHEME (HSS)
1 The Board retains oversight of the review of policies, processes and support previously
provided to Postmasters to ensure previous and ongoing conformance with the “Common
Issues” and “Horizon Issues” judgments.
UKGI00049044
UKGI00049044
POST OFFICE LIMITED
2. I Review and constructively challenge reports, management information and
financial information from the Remediation Unit (RU) and the Legal Team on the
management (including discretionary decisions within delegated authorities) of the
HSS and consider any recommendations and decisions sought.
3: Review and discuss inputs to and outcomes from the IAP on any matters requiring
the Board's view or decision, following consultation with UKGI and the
Shareholder?.
4. Approve for recommendation to the Board HSS cases which have been
escalated by the Horizon Matters Committee (HMC) that have been deemed to be
of particular complexity, public interest concern or financial consequence.
os Approve HSS Interim Payments (including relating to Hardship) requests escalated
by HMC.
6. Approve the principles and approach to be taken within the HSS to settlement
offers which have been rejected by claimants, prior to their submission to the DBT
SteerCo.
7. Approve for recommendation to the Board the IAP’s Case Assessment
Guidelines and significant changes to these guidelines, which set out the key
applicable legal principles outlined in the HSS Terms of Reference and
Consequential Loss Principles and Guidance.
8. Approve for recommendation to the Board the principles for the assessment of
different cohorts of claims, which are intended to assist the consistent treatment of
cases by the IAP, in consultation with UKGI and the Shareholder, before final
submission to the DBT SteerCo for approval.
9. Approve for recommendation to the Board HSS decisions which materially
affect scheme cost and/or timetable or (in the discretion of RC) set significant
principles or establish significant precedent for how different types of claim may be
assessed (e.g. quantified, part-quantified, unquantified, shortfall only,
consequential losses), and how those claims may be treated within a settlement
offer, prior to their submission to the DBT SteerCo and the IAP.
10. Approve for recommendation to the Board any significant changes to the HSS
or IAP Terms of Reference, prior to their submission to the DBT SteerCo.
11. Escalate to the Board any issue which the RC considers requires the attention of
the Board.
2 A POL/ DBT HSS Operations Agreement is in place, and this sets out HMG approval
points during the HSS process. A DBT SteerCo for the HSS has also been established.
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UKGI00049044
UKGI00049044
POST OFFICE LIMITED
Approve decisions relating to Cautions in the HSS where the recommendation
made is to not concede, or when escalated at the discretion of HMC.
Approve decisions relating to payment of Legal and Expert Fees, Forensic
Accountant Fees, and Medical Expert Fees in respect to HSS Claims when escalated
by the RU in accordance with the RU Delegated Authorities Matrix.
DUTIES AND RESPONSIBILITIES WITH REGARDS TO THE STAMPS SCHEME
Review and constructively challenge reports, management information and
financial information from the Remediation Unit (RU) and Legal Team on the
management of the HSS and consider any recommendations and decisions sought.
Approve the principles that underpin how Stamps Scheme claims are assessed.
Approve decisions which establish a precedent for how other Stamps Scheme
claims may be treated, and any other cases escalated at the discretion of HMC.
DUTIES AND RESPONSIBILITIES WITH REGARDS TO CRIMINAL CASE
APPEALS INCLUDING POTENTIAL APPELLANTS, COURT OF APPEAL AND
CROWN COURT CASES
Review and constructively challenge reports, management information and
financial information from the Remediation Unit and Legal Team on the
management of cases from Potential Future Appellants (PFAs) received by the
Court of Appeal, Scottish Court of Appeal or referred to the Crown Court by the
Criminal Cases Review Commission (CCRC) and consider any recommendations or
decisions sought.
Review and constructively challenge the reports, management information and
financial information from the Remediation Unit and Legal Team on the approach to
contacting PFAs to encourage them to apply to set aside their convictions, including
PFAs who were prosecuted by other agencies.
Approve stance on cases or refer cases to the Board for decision on stance in
accordance with the decision-making tools approved by the Board.
Approve procedural steps, correspondence and submissions in appeal proceedings
as required.
Approve for recommendation to the Board any changes to the decision-
making tools which guide how the stance on cases will be decided.
DUTIES AND RESPONSIBILITIES WITH REGARDS TO THE ESTABLISHMENT
OF COMPENSATION ARRANGEMENTS FOR OVERTURNED CRIMINAL CASES
AND CIVIL CASES
Review and constructively challenge reports from the Remediation Unit and Legal
Team on legal, financial and operational advice on managing claims for
compensation made against the Company by those who have convictions
overturned.
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UKGI00049044
UKGI00049044
POST OFFICE LIMITED
Approve proposed policy / principles prior to submission to DBT and 3 party
claimant representatives.
Approve for recommendation to the Board the policy / principles or
parameters within which RC may approve compensation offers and / or payments,
including the extent to which POL Board and DBT / UKGI approval may first be
required.
Approve decisions on compensation offers and / or payments which fall within the
policy / principles or parameters approved by the Board, from time to time, prior to
their submission to DBT.
Approve for recommendation to the Board decisions which fall outside the
policy / principles or parameters within which RC may make compensation offers
and / or payments, prior to their submission to DBT.
Escalate to the Board any issue which the RC considers requires the attention of
the Board.
DUTIES AND RESPONSIBILITIES WITH REGARD TO THE ADMINISTRATION
OF FINANCIAL COMPENSATION to Postmasters deemed to have suffered
detriment as a result of the review of historic and continuing Post Office business
practices following THE COMMON ISSUES AND HORIZON ISSUES JUDGMENTS
Review and constructively challenge reports, management information and
financial information from the Remediation Unit, Legal Team and Post Office
Limited BAU on work to establish compensation schemes to provide compensation
for detriment identified.
Approve for recommendation to the Board decisions on the establishment of
schemes to provide compensation where there has been Postmaster Detriment.
Approve policy / principles and or parameters within which HMC may make
decisions on compensation offers and or payments where there has been
Postmaster Detriment.
Review decisions on aspects of claims such as consequential loss claims, prior to
their submission to DBT/UKGI.
REPORTING RESPONSIBILITIES/ INFORMATION SHARING/
GOVERNANCE
The Committee Chair shall report to each scheduled Board meeting on the nature
and content of the Committee’s discussion, recommendations and action to be
taken.
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UKGI00049044
UKGI00049044
POST OFFICE LIMITED
Report to the Board whatever recommendations it deems appropriate on any area
within its remit where action or improvement is needed.
Report on its activities in the Company’s annual report describing the work of the
Committee.
Approve any changes proposed to the delegated authority to the Horizon Matters
Committee.
Approve any changes proposed to the Horizon Matters Committee Terms of
Reference.
Approve for recommendation to the Board RU Funding Commitment Letters
and related Operations Agreements.
AUTHORITY
The Committee shall have authority to appoint to obtain, at the Company’s
expense, legal or other professional advice on matters within its terms of reference
as required, up to a financial limit determined by the Board.
COMPOSITION AND GOVERNANCE
Membership
The Committee Chair and members of the Committee will be appointed by the
Board, acting on the recommendation of the Nominations Committee.
In the absence of the Chair of the Committee at any meeting, the Committee
members present shall determine who shall chair the meeting.
It shall consist of at least three members, including at least two independent non-
executive directors and the DBT Shareholder Representative.
Quorum
The quorum necessary for the transaction of business shall be two members.
Committee Secretary
The Company Secretary, or his or her nominee, shall act as Secretary to the
Committee and shall attend all meetings to keep minutes and record actions.
Frequency
The Committee shall meet as often as required but at least 12 times per year.
UKGI00049044
UKGI00049044
POST OFFICE LIMITED
Governance
45. Meetings may be held in person or by telephone or other electronic means, so long
as all participants can contribute to the meeting simultaneously.
46. Notice of each meeting shall be given to all those entitled to participate at least two
working days before the meeting.
47. Meetings for the Committee may be convened by the Secretary in consultation with
the Chair, or by any member of the Committee, at any time. The Secretary will be
responsible for setting the venue date and time of meetings in conjunction with the
Chair. All papers supporting the meeting will be issued not less than 2 days in
advance of the meeting date.
48. Minutes of each meeting will be circulated to all members of the Committee.
49. The Committee Secretary shall provide current and new Committee members with
any training, briefings or induction required under the supervision of the Chair.
50. Only members of the Committee have the right to attend Committee meetings.
Others may be invited by the Chair to attend all or part of any meeting, as and
when appropriate.
51. The Committee shall have access to sufficient executive time and resources in
order to carry on its duties, including access to the Company Secretariat.
52. If there should be disagreement between the Committee and the full Board, the
Chairman of the Board shall make time available for discussion of the issue so that
the matter may be resolved.
J. ANNUAL REVIEW AND APPROVAL
53. The Committee will undertake an annual review of its performance and the Terms
of Reference. The outcome of these reviews will be recommended to the Board for
approval (notwithstanding amendments approved by the Board whenever so
required).
Approved by: Date: Version: Effective from:
Post Office Limited Board I 06/06/2023 I 1.0 06/06/2023
Post Office Limited Board I 25/03/2024 I 2.0 26/03/2024